Baden-Clay jail term tipped to be slashed

Convicted wife killer Gerard Baden-Clay could walk free from prison in just a few years after his murder conviction was changed on appeal to manslaughter.

Gerard Baden-Clay attends his wife's funeral.

Gerard Baden-Clay Source: AAP

Gerard Baden-Clay could be out of jail in just a few years after his conviction for killing wife Allison was downgraded from murder to manslaughter in a shock appeal decision.

Queensland's Chief Justice Catherine Holmes and two other Court of Appeal judges set aside last year's trial verdict on Tuesday and changed it to manslaughter.

They found no solid evidence the former real estate agent, 45, intended to kill his wife, and said it was possible he killed her unintentionally during a violent clash.

Stunned silence followed the decision when it was announced to a packed Brisbane courtroom filled with Allison's family and supporters.

"Obviously the family at this time are disappointed and saddened," Allison's cousin, Jodie Dann, said outside court.

"We would have liked it to be finished today so (the Baden-Clay) girls can move on and the family can move on."

Baden-Clay wasn't in court for Tuesday's decision.

He had been serving a life sentence with no chance of parole until at least 2027 after he was convicted of murder in July last year.

While manslaughter also carries a maximum life sentence, legal experts say Baden-Clay is now facing a much lesser jail term and could be eligible for parole by 2020 or even sooner.

"For the maximum penalty to be imposed, it's usually reserved for the very worst sorts of offences within that category," QUT Law School lecturer Dr Nigel Stobbs told AAP.

"In relation to the Baden-Clay killing, we don't even have a precise cause of death and a lot of the circumstances are just circumstantial and vague."

Professor Heather Douglas from the University of Queensland's Law School said the median manslaughter sentence was eight years, but jail terms of four years were not unusual.

"There have been cases of non-custodial sentences for manslaughter," she said.

"It's very difficult to predict."

Both experts said factors such as Baden-Clay's previously unblemished record and relatively good standing in the community would play in his favour.

But his lack of co-operation with authorities would not.

"I would think that the sentencing judge will be very cognisant of the fact that this fellow tried to cover up the killing and misdirected law enforcement, and put the family and especially children through enormous stress," Dr Stobbs said.

Baden-Clay is expected to be re-sentenced next year.

Acting Queensland Attorney-General Cameron Dick has sought legal advice on the prospect of an appeal.

An appeal must be filed within 28 days.

"Once that advice has been received and considered, a decision will be made as to whether an appeal should be lodged," Mr Dick said in a statement.


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Source: AAP



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